Traumatic brain injuries (TBIs) occur in many ways. If you or a loved one suffers a TBI in an accident, it’s vital to understand your legal and financial options. You could be entitled to compensation in a brain injury lawsuit if someone’s negligence led to the accident.
What Is A TBI?
A traumatic brain injury happens when a sudden force or blow strikes the head. A TBI can range from a minor concussion to a significant, life-changing injury that damages extensive brain tissue. Some of the most common examples of traumatic brain injuries are:
- Primary brain injuries: This TBI occurs during trauma, such as a blow to the head in a car accident. A doctor usually diagnoses primary TBIs and is usually found immediately because of the victim’s symptoms at the time of the accident. You can have a skull fracture and difficulty walking, for example.
- Secondary brain injuries: These are TBIs that have delayed symptoms. For example, you can have a concussion after a car accident but not be aware at first that you suffered an injury.
- Anoxic vs. hypoxic brain injuries: These injuries involve a lack of oxygen to the brain. For example, after a severe car accident, a blow to the head can cause you to stop breathing, which can lead to brain damage or death.
The most common brain injuries are concussions after car accidents or falls. You should always seek medical attention after an accident where you hit your head. You also can have a brain injury even if your head didn’t hit a fixed object.
What Are The Most Common Causes Of TBIs?
Any traumatic brain injury can lead to compensation if another person is at fault for the accident or incident. The most common reasons for traumatic brain injuries in the US are:
Auto Accidents
Car crashes are probably the most frequent cause of traumatic brain injuries. NIH reports that motor vehicle crashes cause approximately 218,000 TBI cases annually.
The sudden force in a severe car accident can make the brain slam into the front and back of the skull, causing serious damage. Some car accidents also can cause a penetrating injury to the head and severe brain damage. If another driver caused the accident, you or your loved one can file a claim or lawsuit against the liable driver. A brain injury attorney should help because your financial losses can be steep.
You or your loved one should receive immediate medical care if there is a severe head injury suspected. Your life can be in danger, and getting prompt medical treatment can prevent more severe damage.
Falls
The CDC reports that almost half of all brain injury-related ER visits are related to falls. Falls among older people and children are also a frequent cause of traumatic brain injuries. Whether you fall on a wet floor in a store or fall from heights at work, these incidents can lead to a serious TBI. A personal injury attorney can help you understand your legal rights and if you may be entitled to compensation for your losses. A property owner could be liable for brain injury losses if the fall occurred in a business or home.
Job-Related Accidents
Many workplaces, especially in construction or manufacturing, carry an elevated risk of traumatic brain injury. If you or a loved one have a brain injury on the job, you can receive compensation for workers’ compensation and more. A TBI attorney should review your case promptly to ensure your legal rights are safe.
Compensation In A Traumatic Brain Injury Claim
When you retain a traumatic brain injury attorney, you can receive compensation for various damages, such as:
Medical Costs
Medical expenses for a major TBI can be in the hundreds of thousands or millions of dollars. Even a ‘minor’ TBI claim can be worth tens of thousands for your current and future medical expenses. Medical expense compensation may include ER treatment, hospitalization, surgeries, medications, and physical therapy. Your TBI attorney will cover your present and future medical expenses. Your personal injury attorney will work with your medical team to understand your current and future medical needs.
Lost Earnings
A personal injury may cause you to miss work time, and this is certain with a brain injury. A traumatic brain injury can prevent you from working temporarily or permanently. You are likely entitled to payment for your lost work time for medical treatments. There can also be extensive work-related losses due to lost earning capacity in the future.
For example, a major head injury can render you permanently disabled. If you are relatively young, you can lose decades of earning capacity and should be compensated. Your TBI attorney will consult with economists and occupational specialists to understand the scope of your lost income in the future.
Pain And Suffering
Traumatic brain injuries usually lead to major physical and emotional pain. You can have severe pain from the injury and resulting treatments. There also is the mental and emotional anguish related to the injury and loss of capacity. Pain and suffering is difficult to estimate, but your attorney will rely on previous brain injury settlements with similar injuries to demand fair payment from the insurance company.
Modifications To The Home
A severe brain injury may prevent you from moving as you once did. You can need a wheelchair and other medical assistance in your daily life. It may be necessary to modify your home to accommodate your new life. Your TBI attorney can demand compensation for the modifications to your home to improve your living situation.
Loss Of Life Enjoyment
A significant TBI may affect your ability to enjoy activities, hobbies, and relationships. If so, you can receive money for lost enjoyment of life. Your personal injury attorney will help you prove these negative changes to your life so that you can get adequate compensation.
Should You Hire A TBI Attorney After A Serious Accident?
Yes, if another person or party caused the incident. A brain injury claim or lawsuit is usually complex and involves a lot of money. So, there will likely be disagreement about fair compensation. A seasoned brain injury attorney is the best way to ensure you or your loved one is paid fairly. Benefits of a TBI attorney are:
Experienced Legal Advice
A personal injury attorney who has overseen hundreds of successful TBI claims is more likely to handle your claim than someone with no experience in the field. Your TBI attorney may have thousands of hours of legal experience on brain injury cases like yours, so they have a high chance of a fair settlement.
Proving Fault
Proving fault for your injuries is essential to receiving compensation for your losses. This isn’t easy, especially when so much money is at stake. The insurance company is certain to question your claim and may deny liability if fault isn’t proven.
Obtaining compensation in a brain injury claim means proving that another party owed you a duty of care. For example, a truck driver owes you a duty of care to obey the law and drive safely. Your attorney must prove that the driver violated their duty of care, such as by running a red light and hitting your vehicle. Then, your TBI attorney must show that the accident caused your brain injury and damages, such as $250,000 in losses.
Proving liability takes a lot of evidence, and your personal injury attorney knows how to build a case that will lead to compensation.
Financial Support
Many brain injury victims are in severe financial straits because of high bills and lack of work. Your TBI attorney’s payment is contingent on your settlement, so you rarely pay anything out of pocket. Most personal injury attorneys also cover legal costs along the way.
You Focus On Healing
A brain injury case is stressful and time-consuming. You shouldn’t worry about legal and insurance headaches – let your brain injury lawyer handle these issues. You should prioritize your recovery and healing.
Negotiating With The Insurance Company
Your attorney will negotiate a fair settlement that includes compensation for your losses. Understanding the full value of a brain injury case takes experience, skill, and legal and financial resources. Your attorney is skilled in insurance negotiations and won’t settle for less than you deserve.
Protection From Other Parties
Your brain injury attorney will ensure that no one jeopardizes your right to compensation. The at-fault party’s insurance company will want to minimize your payout, but your attorney will deal with the insurance provider and any other person or entity that can take advantage of you.
You should hire a TBI attorney as soon as you can after an accident. This ensures that you or a loved one doesn’t say or do something that negatively impacts the claim.
Common Brain Injury Claim Myths
Brain injuries during car accidents are serious, and your life may never be the same. You should retain a brain injury attorney promptly and not fall for common brain injury claim myths you may see online:
You Only Have A TBI If You Hit Your Head
Imagine that another driver rear-ends your car at high speed. Your head snaps forward and back, but it doesn’t strike anything. Can you still have a brain injury? Yes. In a collision, the brain may hit the front and back of your skull, leading to a concussion or worse. This injury can have delayed symptoms, so it’s important to go to the ER immediately and call a personal injury attorney.
A Normal Brain Scan Means You’re Ok
CT scans and MRIs are important diagnostic tools that allow a doctor to see your body’s internal parts. A scan of the brain after the accident allows the doctor to check the brain’s internal structures. However, not every TBI causes structural damage. A brain injury can also damage the neural passageways in ways that scans cannot see. A doctor can check for other types of TBIs by performing neurological tests.
A Minor Concussion Is No Big Deal
You hit your head on the side window in a car accident when another driver hit you. You are dizzy and have memory problems. It’s probably a minor concussion, so it isn’t a big deal, right? Wrong. Even a minor concussion can cause serious physical symptoms, cognitive impairment, and emotional disturbances. You should seek immediate medical care and also talk to a TBI lawyer.
Brain Injury Symptoms Show Up Immediately
Some TBIs may present immediate symptoms, but not always. It can take a few hours or days for your brain injury to become apparent. For example, you can wake up the next day with headaches, dizziness, fatigue, and memory problems.
It’s critical to go to the ER after any car accident where you suspect a brain injury. The injury can become worse without treatment, even life-threatening. Also, you need to preserve your legal options by getting the injury in your medical record immediately. A delay in care may cause the insurance company to doubt your injury.
Insurance Will Pay For Your Expenses
Your health insurance may cover all your expenses after a car accident. Health insurance can help with your medical bills but may only cover some things. A severe brain injury is usually expensive, and you can have huge expenses for hospitalization, surgeries, home care, and rehabilitation. Your health insurance may only cover some things.
Most serious TBI victims need hundreds of thousands or millions of dollars of care. You should talk to a brain injury lawyer about filing a claim against the liable party.
Speak To A Brain Injury Attorney Today
A TBI is one of the worst injuries you can suffer. When another person causes your brain injury, you should receive ample compensation for your injuries, medical bills, lost earnings, and more. A brain injury attorney will ensure that you receive fair compensation. Speak to a TBI attorney in your community today to understand your legal options. You will not have to pay legal fees out of pocket; there is no charge unless your attorney wins the case.
